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City Council Meeting
Draft Minutes
September 10, 2007
Non public session in accordance with RSA 91-A:2, I (b) to discuss collective
bargaining strategies and non public session in accordance with
RSA 91-A: 3, II (d) to discuss property acquisition/contract negotiations,
the Penacook Mill and Scandia Hall.
City Council Chambers
7:00 p.m.
3. Pledge of Allegiance.
Action: Councilor McClure moved approval of the August 13, 2007 meeting minutes. The motion was duly seconded and passed with no dissenting votes.
6. Resolution honoring and memorializing Marjory Swope for her passionate dedication and contributions to the City of Concord. (6-35)
Action: Mayor Donovan presented a resolution honoring and memorializing Marjory Swope to her husband John Swope.
7. Resolution in recognition of Brix and Stix 2007 Hilliker Cup City Championship Victory.
Action: Councilor Bouley presented a resolution to the Brix and Stix 2007 Hilliker Cup champions.
8. Most photogenic pet contest of 2007 presentation.
Action: Mayor Donovan was joined by the chair of the Dog Park Committee, Anita Hickey and Councilor Rogers to present awards to the winners of the Most Photogenic Pet of 2007. Mayor Donovan announced the third place winner, Fred owned by Jennifer Jones; the second place winner, Annie owned by Sarah Montgomery; and the first place winner, Ally owned by Cristina Wesson. Mayor Donovan thanked Ms. Hickey, Councilor Rogers and the Friends of the Dog Park for their efforts in bringing the dog park to the Concord community.
- Consent Agenda Items –
Action: Councilor Lemieux moved approval of the consent agenda. The motion was duly seconded. Councilor McClure moved to remove item 34 for discussion at the end of the agenda. The motion to approve the consent agenda, as amended, passed with no dissenting votes.
Referral to the Traffic Operations Committee
Referral to City Administration
Items Tabled for an October 2007 Public Hearing
From the City Manager
Consent Reports
Consent Resolutions
31. Resolution transferring the sum of $28,600 from Compensation Adjustment; together with report from the Deputy City Manager/Finance Director.
32. Resolution requesting an increase in Witness Fee reimbursements to municipalities and a return of fines to the jurisdiction in which the fine violation is issued.
33.
Resolution in recognition of the services of F. William Mitchell, Jr.
(For presentation in October)
34. Resolution authorizing the City Manager to issue a license to Capital Commons L.L.C., or its tenants, for installation of signage which would protrude onto City property; together with report from the Assistant for Special Projects.
Action: This item removed for discussion at the end of the agenda.
Consent Communications
**End of Consent Agenda**
A. Resolution authorizing the City Manager to enter into an agreement to lease property at 28 Canterbury Road to the Concord Area Trust for Community Housing (CATCH); together with report from Assistant for Special Projects. (8-12)
Action: City Manager Tom Aspell provided a detailed overview explaining that staff has been working with CATCH to determine whether there is a way to put this property to use until either expanding Keach Park or building the Heights Community Center. He indicated that staff is recommending that the property be leased to CATCH who would then make it available to a low-moderate income family with children, defined as making $56,000 or less per year as a household. Mr. Aspell explained that the city currently maintains the property and pays for the utilities and noted that if the property is leased, the city would not have to maintain the interior and exterior property; CATCH would assume all of the utilities; CATCH would pay $1 plus approximately $3,800 a year in taxes to the city. He indicated that within the agreement, the city would allow the property to be used however there would be a sixty day notice in which the city can require the individuals to vacate so that the city can undertake another purpose. Mr. Aspell added that there is approximately $3,000 in work that needs to be done within the property and staff is recommending that this be split 50/50 between CATCH and the city. He noted that staff is looking at the city’s revolving loan program and there is an item before CDAC on September 26th to take a look at making a determination of whether or not to put those funds in there. He explained that the resolution is structured in such a way that if those funds are not made available, staff would look at another way to accomplish this.
Councilor Lemieux inquired that if the city’s share is to be paid out of the revolving loan fund would this imply that it would need to be paid back at some point. Mr. Aspell responded that it would more than likely be requested as a grant explaining that CDAC has the option to make it either a low interest loan or to do it as a grant.
Councilor Coen inquired to the assessed value of the property. Matt Walsh, Assistant for Special Projects, responded that the assessed value of the house is $199,500. Mayor Donovan questioned whether the $3,800 represents what would be the full taxes on the property. Mr. Walsh indicated that the $3,800 includes municipal, county, school and state taxes. Councilor Coen questioned whether the city would bear the cost on any capital expenses. Mr. Aspell indicated that to be correct.
Councilor Stetson inquired whether there is a requirement within the agreement for either liability or fire insurance. Mr. Walsh responded that insurance requirement is currently within the draft lease that was sent to CATCH.
Referencing the repairs that need to be done, Councilor Rogers indicated that CATCH often uses “sweat equity” with homes that families are leasing and inquired whether this is something that can be done with the repairs to this property. Mr. Walsh responded that the property is currently in good condition and explained that the $3,000 is going to be used towards purchasing new appliances; repairing a broken window; mechanical system inspections; and painting. Councilor Rogers inquired whether this is something that can be looked at in the future. Mr. Walsh noted that CATCH was willing to provide the normal upkeep and maintenance but that they were reluctant to take on repairs such as replacing the roof or repainting the exterior.
Mayor Donovan declared the hearing open. There being no public testimony, the Mayor declared the hearing closed.
B. Resolution authorizing City Administration to enter into a Payment in Lieu of Taxes (PILOT) agreement with Briar Hydro Associates concerning the Penacook Upper Falls Hydro Facility; together with report from the Assistant for Special Projects. (8-13)
Action: City Manager Aspell provided a brief overview explaining that this was previously governed by a twenty year PILOT agreement which expired in December 2006 and the city has the ability, under RSA 72:74, to enter into this agreement which would run through the end of 2012. He explained that payments would be made to the city based on total power sales generated by the facility, which is how it is currently done; explaining that under this agreement the city would build in a minimum of $65,000 per year payment to the city. He added that there would also be penalties within the agreement in the event of late fees. Mr. Aspell noted that last year Briar Hydro, based on good water flows, paid $87,542 in PILOT fees to the city.
Councilor Blanchard inquired as to how much the taxes would be if it wasn’t in lieu of taxes. Mr. Aspell explained that an initial appraisal has been done because it just came off the PILOT adding that staff has spoken to Briar Hydro about it and they had indicated that they would need to go to court to settle this. He noted that there is not a solid number based on an agreeable value to generate a number.
Mayor Donovan declared the hearing open. There being no public testimony, the Mayor declared the hearing closed.
C. Resolution appropriating the sum of $20,000 and authorizing the issuance of bonds and notes for upgrading the sewer inspection video camera, CIP # 410; together with report from General Services. (8-14)
Action: City Manager Aspell provided a brief overview explaining that the upgrade consists of a new pan and tilt head with zoom, more efficient lights and better capability with inspecting pipes larger than twenty four inches. He added that it is anticipated that the upgrade would last approximately ten years.
Mayor Donovan declared the hearing open. There being no public testimony, the Mayor declared the hearing closed.
D. Resolution appropriating the sum of $15,000 and authorizing the issuance of bonds and notes to repair and replace the roof and supports on the shed at Blossom Hill Cemetery, CIP #50; together with report from General Services. (8-15)
Action: City Manager Aspell provided a brief overview.
Mayor Donovan declared the hearing open. There being no public testimony, the Mayor declared the hearing closed.
E. Resolution appropriating the sum of $30,000 and authorizing the issuance of bonds and notes to reclaim and overlay roads in the Woodlawn Cemetery, CIP #50; together with report from General Services. (8-16)
Action: City Manager Aspell provided a brief overview.
Mayor Donovan declared the hearing open. There being no public testimony, the Mayor declared the hearing closed.
F. Resolution appropriating the sum of $150,000 and authorizing the issuance of bonds and notes for facility renovations, CIP #252; together with report from the Fire Department. (8-17)
Action: City Manager Aspell provided a brief overview explaining that this is a request to continue with the maintenance renovations for the city’s four fire stations for improvements to roofs, windows, and inefficient water heaters.
Mayor Donovan declared the hearing open. There being no public testimony, the Mayor declared the hearing closed.
G. Resolution appropriating the sum of $60,000 and authorizing the issuance of bonds and notes for CIP #35, Route 3 Corridor (North) Improvements; together with a report from the City Engineer. (8-18)
Action: City Manager Aspell provided a brief overview explaining that in May, Council approved priority area one design elements for this from Bog Road to Borough Road and this is the next section ready to go to design for phase two along North State Street from Penacook Street to Rumford Street.
Councilor Blanchard inquired whether Council will have an opportunity to change the order of the priorities. Mr. Aspell explained that there is a design piece and a construction piece and that this item is the design piece. City Engineer Ed Roberge indicated that priority areas 7, 8 and 9, the last sections that included Penacook village, cost in the vicinity of $2.3 million. Mr. Roberge explained that what is appropriated currently in the program is to design and build priority areas one and two indicating that what would be appropriate is if the Council was so inclined as to amend the order of priority areas they could do so at the CIP out year meeting in the fall. He added that staff is coming back to Council for the final pavement design disposition and how to fund the corridor as well as the improvement scenario with the concrete slab in the road.
Mayor Donovan indicated that if Council wants to shift the priorities, now would be the time otherwise Council has traditionally tried to have a review in the fall of the out years of the CIP.
Councilor Blanchard noted that as she recalled in the discussions of the project is that the projected cost in the Penacook Village was less than some of the other areas. Mr. Roberge indicated that areas were clustered together in an effort to respond to the Council’s desire to try to move ahead within a six year planning horizon. He explained that areas 7, 8 and 9 which is Borough Road northerly all the way to the Boscawen town line is what is clustered together and separating sections can be explored if that is what Council wants. Councilor Blanchard inquired whether it would be a big change to do downtown Penacook before doing the other areas. Mr. Roberge responded that there are certain geometric corridor implications and that staff would need to look at this to make sure it wouldn’t make it more difficult for the subsequent phases. Councilor Blanchard indicated that it is her understanding that the cost would be more than $60,000 to do the Penacook Village section instead. Mr. Roberge explained that the $60,000 appropriation this evening is for priority area two adding that priority area one and two have already been approved for construction in this fiscal budget. He noted that what is not approved is any subsequent phases which would come later. He noted that he feels that it is too early to appropriate dollars for the design of the next section which would come in subsequent budgets.
Councilor Lemieux inquired whether the city was going to submit some requests for federal or state grants to help with the construction on Fisherville Road. Mr. Aspell indicated that to be correct. Councilor Lemieux inquired as to the status of any grant applications. Matt Walsh, Assistant for Special Projects, responded that the city submitted applications to the NH Department of Transportation and to the Federal Highway Administration for TCSP funds in March or April and have not yet received a response. He indicated that the only response received was that they had reopened the round and broadened the criteria which would be in the city’s favor.
Mayor Donovan declared the hearing open. There being no public testimony, the Mayor declared the hearing closed.
H. Resolution appropriating the amount of $220,000 and authorizing the issuance of bonds and notes for sanitary sewer rehabilitation and construction along Airport Road, Bradley Street and Jackson Street, CIP #91; together with a report from the Engineering Services Division. (8-19) (Supplemental report submitted)
Action: City Manager Aspell explained that the bids have been received for the sanitary sewer rehabilitation and have come in at $117,000. Mr. Aspell indicated that previous accounts had been closed and with the closeouts, the city has been able to fund the $117,000 out of the accounts from the under runs of other projects. Mr. Aspell asked that Council open the hearing and allow staff to withdraw this item because the project will be done with existing funds.
Mayor Donovan declared the hearing open. There being no public testimony, the Mayor declared the hearing closed.
I. Resolution accepting and appropriating the sum of up to $10,850 in cultural conservation grant funds from the New Hampshire State Council on the Arts for cleaning and restoration of interior historic elements of the Concord City Auditorium; together with report from the Grants and Projects Specialist. (8-20)
Action: City Manager Aspell provided a brief overview explaining that the funds will be used to restore the stage floor, decorative plaster, the gold paint proscenium, clean and restore historic murals, and clean and fire-treat the velvet stage curtains.
Mayor Donovan declared the hearing open. There being no public testimony, the Mayor declared the hearing closed.
J. Resolution authorizing the City Manager to accept a New Hampshire Department of Environmental Services Household Hazardous Waste Collection Grant; together with report from General Services. (8-21)
Action: City Manager Aspell provided a brief overview.
Mayor Donovan declared the hearing open. There being no public testimony, the Mayor declared the hearing closed.
K. Resolution amending and adopting the City’s Revolving Loan Fund Program Income Reuse Plan; together with report from the Community Development Advisory Committee (CDAC). (8-22)
Action: City Manager Aspell provided a brief overview explaining that the purpose of the change is that CDAC does an annual review to remove inconsistencies and ensures documentation reflects common best practices. He noted that there are very minor changes which are outlined within the report to Council.
Mayor Donovan declared the hearing open. There being no public testimony, the Mayor declared the hearing closed.
L. Resolution appropriating the sum of $1,938.30 received from the AT&T Railroad class action settlement and authorizing the expenditure for specified purposes within the legal department; together with report from the City Solicitor. (8-23)
Action: City Manager Aspell provided a brief overview explaining that this is the final settlement check and that staff would like to use these dollars for interns and for minor expenditures on outdated law books and computer programs.
Mayor Donovan declared the hearing open. There being no public testimony, the Mayor declared the hearing closed.
M. Resolution accepting and appropriating the sum of $25,496 from the United States Department of Justice, Edward Byrne Memorial Justice Assistance Grant Program, funds designated for Police Equipment; together with report form the Police Department. (8-24)
Action: City Manager Aspell provided a brief overview explaining that $25,496 has been awarded and Merrimack County will receive $5,496 in which the city will receive a ten percent administrative fee and the rest of the dollars come to the city.
Mayor Donovan declared the hearing open. There being no public testimony, the Mayor declared the hearing closed.
N. Resolution accepting and appropriating the sum of $1,210 in grant funds from the Alice J. Reen Charitable Trust for the purchase of a new computer stand in the Ruth May room in the Concord Public Library; together with a report from the Library Director. (8-25)
Action: City Manager Aspell provided a brief overview.
Mayor Donovan declared the hearing open. There being no public testimony, the Mayor declared the hearing closed.
September 10, 2007 Public Hearing Action
Action: Councilor Rogers moved approval. The motion was duly seconded.
Councilor Coen inquired as the timeframe to remove the house and to incorporate the property into Keach Park or an activity center. Mr. Aspell responded that there is not a solid timeframe and that the idea would be that when the decision gets made to do something with the new Heights Community Center that would be the timeframe that would take place. Councilor Coen inquired what the effect would be if the Dame School is closed. Mr. Aspell responded that it would depend on what the city’s determination is on the acquisition of that site. Councilor Coen noted his concern with a $200,000 asset being underutilized with no immediate plans for the site being used inquiring whether it would be in the city’s best interest to sell the property putting it back on the tax roll benefiting both housing and the city. Mr. Aspell explained that Council made the decision approximately four or five years ago to acquire the property for the long term knowing that at some point it would either be incorporated into Keach Park or that it would be worked out in the land transaction with the school district in terms of what happens with the Heights Community Center.
The motion to approve the resolution passed with no dissenting votes.
Action: Councilor Bouley moved approval. The motion was duly seconded and passed with no dissenting votes.
Action: Councilor St. Hilaire moved approval. The motion was duly seconded and passed 14-0 on a roll call vote with Councilors Bennett, Black, Blanchard, Bouley, Coen, Mayor Donovan, Councilors Lemieux, McClure, Nyhan, Rogers, Rowe, St. Hilaire, Stetson and Werner voting yes.
Action: Councilor Rogers moved
approval. The motion was duly seconded and passed 14-0 on a roll call vote with
Councilors Bennett, Black, Blanchard, Bouley, Coen, Mayor Donovan, Councilors
Lemieux, McClure, Nyhan, Rogers, Rowe, St. Hilaire, Stetson and Werner voting
yes.
Action: Councilor Blanchard moved approval. The motion was duly seconded and passed 14-0 on a roll call vote with Councilors Bennett, Black, Blanchard, Bouley, Coen, Mayor Donovan, Councilors Lemieux, McClure, Nyhan, Rogers, Rowe, St. Hilaire, Stetson and Werner voting yes.
Action: Councilor Rogers moved approval. The motion was duly seconded and passed 14-0 on a roll call vote with Councilors Bennett, Black, Blanchard, Bouley, Coen, Mayor Donovan, Councilors Lemieux, McClure, Nyhan, Rogers, Rowe, St. Hilaire, Stetson and Werner voting yes.
Action: Councilor Blanchard moved approval. The motion was duly seconded and passed 14-0 on a roll call vote with Councilors Bennett, Black, Blanchard, Bouley, Coen, Mayor Donovan, Councilors Lemieux, McClure, Nyhan, Rogers, Rowe, St. Hilaire, Stetson and Werner voting yes.
Action: Councilor Bouley moved to remove the resolution tanking no action on the resolution while accepting the supplemental report. The motion was duly seconded and passed with no dissenting votes.
Action: Councilor St. Hilaire moved
approval. The motion was duly seconded and passed with no dissenting votes.
Action: Councilor McClure moved
approval. The motion was duly seconded.
Councilor McClure asked the City Manager to state when and where the Household Hazardous Waste Collection Day is being held. City Manager Aspell indicated that it is being held at the Combined Operations Maintenance Facility on 311 North State Street on Saturday, September 22nd from 8:30 am to 1:30 pm.
The motion to approve the resolution passed with no dissenting votes.
Action: Councilor Rogers moved approval. The motion was duly seconded and passed with no dissenting votes.
Action: Councilor Bouley moved approval. The motion was duly seconded and passed with no dissenting votes.
Action: Councilor Rogers moved approval. The motion was duly seconded.
Councilor St. Hilaire took rule six explaining that he had reviewed the agreement between the city and the county for the split of the funds.
The motion to approve the resolution passed with no dissenting votes with Councilor St. Hilaire abstaining from the vote.
Action: Councilor Bouley moved approval. The motion was duly seconded and passed with no dissenting votes.
Action: Councilor Rogers moved approval of the appointment to the Parking Committee. The motion was duly seconded and passed with no dissenting votes.
Reports
Action: Deputy City Manager Jim Howard indicated that the report submitted to Council this evening brings some concern on a few issues when up to this point of time, the project has been extremely successful, on schedule and within budget. Referencing the fourth paragraph on page two, he indicated that the city made it’s conversion on a timely basis on the HR/Payroll implementation in April and the Financial Modules on June 18th. He noted that during the process of the HR/Payroll implementation several of the HR components which were not critical to produce payroll at that time were not instituted because they had not been designed or tested by the vendor. He added that at the same time, the early stages of implementation in Utility Management were being worked on which is scheduled to go live this November after finishing the payroll and financial modules it came to staff’s attention that the vendor indicated that the remaining financial HR components would not be ready for installation until spring 2008. He further noted that the city is falling behind schedule and having trouble getting assistance in the implementation or setup of some of the utility management components. Mr. Howard noted that there were a number of communications to express the city’s concerns and in mid-August Joe Lewis, City Project Manager, was sent to Michigan to meet the vendor expressing upon them the city’s concerns to get the project on schedule, to meet the deadlines remaining on Utility Management, and to make the city “whole” financially for potential cost over-runs associated with items the city is going to fall behind on the contract. Subsequent to the meeting and other conversations, Mr. Howard indicated that the city sent a communication on September 4th to vice presidents in charge of professional services and sales advising them point by point of the items that the city was concerned about, what had been missed, what the city expected to happen in great detail. He noted that last Friday, the city sent a cover letter with the same information to the President of the company asking for a response within two weeks and on Wednesday evening he met with the Information Technology Advisory Committee explaining what the city was experiencing, what the intentions and goals were, and what had been undertaken to get this project back on track and stay within budget. Referencing page three, Mr. Howard pointed out the calculations of a reasonable but worst case projection as to what the cost of the delays presently are and could be. He noted that there are some items that are beyond schedule that are going to be implemented in May and other items there are indications that there are going to be delays and the city is trying to get out in front of those to try to prevent the delay so that most an/or all additional costs can be avoided. Mr. Howard highlighted and explained in detail the summary of expected additional expenses on page three of the report. He noted that this is a worst case scenario and the city is not expecting it to get worse or to be this bad at all but feels that it is important to bring forth the issue seen as a potential now and receive support from Council in order to be able to deal with the vendor to ensure that they fully understand what the city’s intentions are. In conclusion, Mr. Howard indicated that the city is concerned with these issues and have reason to believe that the main issue with the vendor is that their product is selling very well however the employment has lagged behind their sales and their resources, in terms of implementation, are apparently strained. He added that he is comfortable that over the long run this company, who has a twenty five year history in the business with over 1,200 customers on their old product, has invested millions of dollars in the new product will be a very good match for the city. Referencing the bottom of page three, Mr. Howard pointed out that the goal is to get this project done, to get it done in time according to the contract, to stay within the original contract costs which may be amended, and at the same time to avoid budget over-runs or at least minimize any budget over-runs. In closing, he explained that Joe Lewis is under obligation to the city until the end of December and because of the closeness of the termination of that agreement is looking for future employment. Mr. Howard noted that his contract has been discussed with ITAC and the steering committee and it is felt that it is important to extend Mr. Lewis’ contract through what is seen as the definite implementation of the HR components. He noted that even if the Utility Management pieces are installed on time by the end of the year, there is work to be done to sustain his contract. He indicated that if the city receives a reimbursement, then this should definitely be done if not this amount will be nowhere near the amount indicated and the city would either need to make some budget reductions or come up with some additional money to cover the extension of that contract noting that he strongly recommends that this contract be extended.
Councilor Blanchard inquired as to why the trip was made to Michigan and as to who Mr. Lewis was. Mr. Howard explained that Michigan is where the company headquarters is located that the software was purchased from and that the trip was made to spend face time with the company to try to determine what the nature of the delay was, why it was happening, revise schedules, and make sure they understood that the city was serious in becoming “made whole” for the aspects of delay that were caused by them. He further explained that Joe Lewis was hired by the city as a temporary contract employee and is a certified project manager with a great deal of experience in implementing projects. Councilor Blanchard inquired whether it was necessary to go out of state to get the product that the city wanted. Mr. Howard responded that not everyone sells municipal software explaining that the city worked with the assistance of a nationally recognized firm to put together an RFP and a needs assistance because of the complexity and scope of this endeavor. He noted that the first part of the search found five vendors in which four were rejected due to the lack of qualifications and condition of the software leaving only one reasonably local vendor. He indicated that the Steering Committee and all of the members of the project including the users did not want to be faced with just that one choice so the city went out again and brought in another vendor. He noted that the vendor was unanimously selected after a long process of discovery, interviews, and was far more superior in its product than the other vendor who was an east coast vendor.
Councilor Lemieux inquired whether the $9,144 for the Project Manager within the summary of expected additional expenses represented an increase, decrease or whether it was level funding. Mr. Howard responded that this is level funding. Councilor Lemieux inquired whether he works full time. Mr. Howard indicated that to be correct.
Councilor Coen inquired as to the name of the software vendor. Mr. Howard responded that the name of the company is New World Systems. Referencing the contract, Councilor Coen inquired whether it had penalties included within it. Mr. Howard indicated that there were no penalties in it. Councilor Coen questioned whether there was a reserve amount held back until the project was completed. Mr. Howard responded that the city is holding dollars back. Councilor Coen noted his concern with the city making negotiations indicating that he feels that the vendor should be fulfilling what they said they would do. Mr. Howard noted that he feels that communication is what is going to get over this issue and that he is looking at amending the contract. Councilor Coen inquired as to whether the consultant is costing the most as a result of the delays. Mr. Howard responded that a delay would result in additional costs related to the consultant noting that up front he wants a guarantee from the vendor that if they are going to miss the deadline and the city has to incur costs to maintain the previous system that they will reimburse the city for this as well. Mr. Howard indicated that because they were unable to fully install the HR program while going through that process which is going to be delayed until the spring they would need to come back to help with some of the setup and configuration that couldn’t be done before and he wants the vendor to provide to the city the services at no additional costs. He explained that those type of items the city would have expected had they been in the original contract noting that when entering into the original contract the city was not in the position to turn people away on this product because the city was in need, because of the termination of the service agreement with the existing vendor, of getting a product in before December 31st. He explained that the city had to negotiate and penalties were not able to be negotiated into the contract at that time.
Mayor Donovan inquired as to why anyone on the other side of the table would negotiate this when it isn’t in the contract now. Mr. Howard responded that he feels that the city is in a good position as far as the breach is concerned because they want to complete the product, the city is a good client to have in this part of the country, and they don’t want the bad press or failure.
Mayor Donovan inquired whether ITAC endorsed this report. Councilor Nyhan indicated that to be correct explaining that the committee met and members had walked out of the meeting in support of the project going forward based on the recognition of the fact that the software will benefit the city long term. With regards to the existing contract, Councilor Nyhan noted that the city did not have as strong a contract as it would like to have had and the city was not in the best bargaining position at the time. He further noted that the project manager did give the city some value in the fact that the city was able to negotiate project deadlines and milestones into the contract which was not the vendors practice and for this reason alone the city is in a position to at least go back to the vendor and hold them somewhat accountable for the delays. Councilor Nyhan indicated that the committee discussed the need and the desire for a long term relationship with the vendor especially in a ten or fifteen year commitment of ongoing service support that the city cannot alienate them selves now even before the software is fully implemented. He explained that the committee also discussed negotiating strategies as to how the city would like to present their points to vendors which were done within Mr. Howard’s letters and that the city is looking for financial consideration whether it would be free service support in years to come or actual dollars coming back to the city. Councilor Nyhan further indicated that the committee discussed the value that Mr. Lewis has brought to the project so far and feels that without Mr. Lewis’ support the city would be farther behind than it is now. He added that the committee fully supports the project moving forward and asked that Council continue supporting it also.
Mr. Howard indicated that as a result of the steps that the city made thus far, New World Systems sent two individuals on Thursday and Friday and went over nine pages of issues, schedules and enhancements with Mr. Lewis and Bob McManus, General Services. He noted that they had promised that by Wednesday the city would have in writing a “get well” plan for the Utility Management project.
Councilor Nyhan noted that the committee is expecting that the amended contract would have financial penalties built into it and that the schedule is realistic.
Councilor Coen inquired as to who paid for the trip when the New World Systems employees came to the city. Mr. Howard explained that when they come here in accordance to the implementation schedule for implementation services contracted for the city pays for it as part of the contract and when they come here as they recently did to build a “get well” plan, they pay for the trip.
Mayor Donovan asked for a summary as to what the city has received so far that is on schedule and what more is needed out of them. Mr. Howard explained that the full payroll system has been implemented and the entire Financial System, including accounts payable, accounts receivable, purchase orders, budgetary accounting, general ledger accounting has also been implemented. He indicated that what is remaining is some of the Human Resources products, including recruitment products, cafeteria benefits plan integrated with payroll, time recording components, and Utility Management program.
Councilor Nyhan moved approval of the report including the strategies and recommendations within the report. The motion was duly seconded and passed with no dissenting votes.
New Business
Mayor Donovan inquired whether Council would like to have the out years of the CIP meeting scheduled at this time or to delay this a month. Councilor Blanchard noted that she feels that something should be scheduled before the upcoming holidays, prior to the first of November. Mayor Donovan inquired as to how much time would be required to put this together. City Manager Tom Aspell responded that it would take no more than a couple of weeks explaining that staff would put together presentations based on anything that staff feels that Council would be interested in and anything that Council wants explanations of. Mayor Donovan suggested that the meeting could tentatively be scheduled for October 15th. The out years of the CIP meeting was tentatively scheduled for October 15th. Mr. Aspell indicated that he would send out a reminder and a request for anything that Council may want to have a presentation on.
Unfinished Business
34. Resolution authorizing the City Manager to issue a license to Capital Commons L.L.C., or its tenants, for installation of signage which would protrude onto City property; together with report from the Assistant for Special Projects.
Action: Councilor McClure explained that the reason that she had removed this item is because she doesn’t want signs hanging over the new plaza noting that there is a plan under review. She indicated that she would like the resolution to reflect the fact that this license that the city grants is entirely contingent upon the final approval granted by the Planning Board and that it doesn’t just take effect.
Mayor Donovan noted his agreement with Councilor McClure’s concern.
Councilor McClure noted that she feels that the plan that was designed is not in keeping with the kind of building that is there and hopes that when the plan is revised, ADR and the Planning Board might make some amendments to it.
Councilor Lemieux indicated that he has noticed that there is a foundation that looks like it will be for a sign and inquired whether the foundation is in place. Matt Walsh, Assistant for Special Projects, responded that the foundation is for the Red River marquee which will be in between Gibson’s Bookstore and the new office building. He added that the marquee will be going up shortly because he believes Red River will be opening in early to mid October. Councilor Lemieux inquired whether the action Council takes this evening will be precedent setting in any other way and whether other storefront owners will be expecting Council to approve variances to allow them to put signs on public right of way. Mr. Walsh responded that currently within the zoning ordinance businesses along Main Street and certain other streets have the ability to get a sign that protrudes over a street right of way provided that they provide insurance. He explained that the difference with Capital Commons is that signage would be hanging over public property that is owned in fee, for example, plazas and not street right of way. He noted that in the signage master plan that was first approved by the Planning Board in April 2005 did show signs cantilevered over the public plaza areas.
Councilor McClure moved to amend the resolution to reflect her concerns. The motion was duly seconded and passed with no dissenting votes.
Comments, Requests by Mayor, City Councilors
Comments, Requests by the City Manager
Consideration of Suspense Items
Councilor Bouley moved to suspend the rules to consider the suspense items. The motion was duly seconded and passed with no dissenting votes.
9 Sus1 Referral to the Planning
Board
Communication from Dean Morrison requesting the discontinuance of a 400
foot portion of Flaghole Road in Concord.
Action: Councilor Bouley moved to refer this communication to the Planning Board. The motion was duly seconded and passed with no dissenting votes.
9Sus2 Street closure request from Main Street Concord, Inc. for Halloween Howl to be held on Friday, October 26, 2007 from 5:00 to 7:00 p.m.
Action: Councilor McClure moved approval of the street closure subject to public safety and administrative requirements. The motion was duly seconded and passed with no dissenting votes.
Adjournment
The time being 8:50 p.m Councilor Nyhan moved to enter into non public session in accordance with RSA 91-A:2, I (b) to discuss collective bargaining strategies. The motion was duly second and passed 12-2 on a roll call vote Councilors Bennett, Black, Blanchard, Bouley, Coen, Mayor Donovan, Councilors Lemieux, McClure, Nyhan, Rowe, St. Hilaire, and Werner voting yes. Councilor Rogers and Stetson voted no.
Councilor Bouley moved to exit non-public session at 9:14 p.m. The motion was duly seconded and passed with no dissenting votes.
At 9:15 p.m. the meeting resumed; Councilor Bennett moved to ratify the agreement with AFSCME. The motion was duly seconded by Councilor McClure and passed with no dissenting votes.
The time being 9:20 p.m., Councilor St. Hilaire moved to enter into non public session to discuss the City Manager’s evaluation process. The motion was duly seconded and passed on a roll call vote with Councilors Bennett, Black, Blanchard, Bouley, Coen, Mayor Donovan, Councilors Lemieux, McClure, Nyhan, Rowe, St. Hilaire, and Werner voting yes. Councilor Rogers and Stetson voted no.
At 10:00 p.m., Councilor Bouley moved to enter into non public session in accordance with RSA 91-A: 3, II (d) to discuss property acquisition/contract negotiations, the Penacook Mill and Scandia Hall. The motion was duly second and passed 12-2 on a roll call vote Councilors Bennett, Black, Blanchard, Bouley, Coen, Mayor Donovan, Councilors Lemieux, McClure, Nyhan, Rowe, St. Hilaire, and Werner voting yes. Councilor Rogers and Stetson voted no.
Councilor Bouley moved to exit non-public session at 10:30 p.m. The motion was duly seconded and passed with no dissenting votes.
Councilor Lemiuex moved to accept the proposal made by Mark Carrier Construction for Scandia Hall and to set a Development Agreement for public hearing in October. Councilor Werner seconded. Motion carried unanimously.
Councilor St. Hilaire moved to seal the minutes of the executive session. Mayor Pro Tem Bouley seconded. Motion carried unanimously.
Meeting adjourned at 10:40 PM.
A true copy; I attest:
Michelle Tiffany, Deputy City Clerk
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